2025:UHC:8747 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 26TH SEPTEMBER, 2025 FIRST BAIL APPLICATION NO.1799 of 2025 Basid ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Bilal Ahmed, Advocate. Counsel for the Respondent : Mr. Himanshu Sain, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant- Basid is in judicial custody for the offence punishable under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.446 of 2025, registered at Police Station Gangnahar, District Haridwar. 2. According to the First Information Report dated 13.09.2025, the police apprehended the applicant. He was searched. The police recovered 10.12 gm Smack from his personal search. He was arrested. 3. Heard Mr. Bilal Ahmed, learned counsel for the applicant and Mr. Himanshu Sain, learned Brief Holder for the respondent. 1 2025:UHC:8747 4. Mr. Bilal Ahmed, Advocate, contended that the applicant is an innocent person. The alleged contraband was not recovered from his possession. The alleged recovery is false. There was no independent witness at the time of the alleged recovery. This fact also supports the submissions of the applicant. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, the alleged recovered contraband does not fall under the category of the commercial quantity. 5. Mr. Himanshu Sain, learned Brief Holder, has opposed the bail application orally. 6. As per Table prepared in terms of Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, 5 gm of heroin is small quantity and greater than 250 gm is commercial quantity (Entry No.56). 7. The object of keeping the accused in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused. 8. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, without expressing any 2 2025:UHC:8747 opinion as to the merits of the case, this Court is of the view that the applicant deserves bail at this stage. 9. The Bail Application is allowed. 10. Let the applicant – Basid be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. ___________________ ALOK KUMAR VERMA, J. Dt:26.09.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee73 26b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32D E6BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.09.26 18:05:21 +05'30'